|
Welcome to the general terms and conditions for E-trustee. E-trustee is independently owned and operated by E-trustee Limited (“E-trustee”). The following general terms and conditions describe the basis on which E-trustee provides this Website Service. Definitions - Owner
Means any individual, company, business or other organisation who (i) uses the Website Service; (ii) is a party to a Member Transaction; (iii) requires the Seller under a Member Transaction to perform Trade Services; (iv) and pays the sum of the Total Cost as based on a Quote to E-trustee to hold as stakeholder for the parties to a Member Transaction until completion of such Trade Services (other than the Fee, which E-trustee shall be entitled to deduct immediately). - Contractor
Means any individual, company, business or other organisation who (i) uses the Website Service; (ii) is a party to a Member Transaction; (iii) performs Trade Services under a Member Transaction; (iv) upon completion of such Trade Services receives the Payment from E-trustee. - Fee
Means the cost of the Website Service provided by E-trustee to Members. - Member
Means an individual, business, company or other organisation who registers with E-trustee. A Member can be a Owner and/or a Contractor. - Member Transaction
Means an agreement between Members whereby a Owner engages a Contractor to perform Trade Services. - Payment
Means the Total Cost, less the Fee due to E-trustee, paid by a Owner which is held by E-trustee as stakeholder for the parties to a Member Transaction until completion of Trade Services by a Contractor. - Quote
Means a Contractor’s estimated cost of completing a Member Transaction. - Total Cost
Means the Payment plus the Fee. - Trade Services
Means any Trade Services of a general nature. By way of example, but not limiting the scope of such services, they include services provided by electricians, general handymen, lawn mowers, painters, plumbers, wallpaperers and similar trades. - Website
Means the Website by and through which Members can contract between themselves for Trade Services. - Website Service
An internet-based transaction that is intended to act as a ‘go between’ to provide assurance to Owners and Contractors that safe and secure arrangements are in place in regard to the satisfactory performance of Trade Services by Contractors and the securing of payment for such Trade Services by Owners. - Website Transaction
Means the use of the Website for the purposes of (i) facilitating a Member Transaction (ii) the receipt by E-trustee from a Owner of the Total Cost of a Member Transaction and (iii) the release by E-trustee of the Payment to the Contractor following the performance of Trade Services.
Terms and Conditions - Acceptance of terms
Once you have registered as a Member of E-trustee you acknowledge and accept these general terms and conditions without modification. By accessing and using the Website you are deemed to have agreed to all the general terms and conditions. - Amendments
From time to time the general terms and conditions may be amended. Any amendments may be done without notice. Any amendments take effect immediately. The Member is responsible for regularly reviewing the general terms and conditions.
Your continued use of the Website following any such amendments constitutes your acceptance of such amendments.
Membership - How to become a Member
You can only become a Member if you (i) live in New Zealand and (ii) can enter into a legally binding contract by being at least 18 years old and of sound mind. If you live outside New Zealand please e-mail E-trustee your circumstances for individual membership approval.
- Cost to become a Member
To register as a Member is free. - Information
You warrant that all information provided to E-trustee is complete and accurate. You must update your information. You must not provide false information or conduct multiple registrations. - Security
You are solely responsible for the security of your password and any other sensitive information. You must ensure that you do not release any sensitive information to any third party to allow them access to your information. You are liable for any unlawful or unauthorised use of your account.
House rules You must not deliberately attempt to introduce harmful activities into the Website. You must not link the Website to any other website without express written permission from E-trustee. Although E-trustee is liable to account to the IRD for income tax on income earned by the Fee, it does not assume any taxation obligation of any Member arising from a Member Transaction.
You may only use the Website for Member Transactions that take place in New Zealand. You must not use the Website for Services that fall outside the scope of the Trade Services or for any other illegal activities. You acknowledge that E-trustee will monitor the use of the Website and if it appears that you are conducting irregular business, your membership may be cancelled or restricted.
You accept that the issue of any further payments due by a Owner to a Contractor following completion of a Member Transaction, or any refund, is solely a matter between those Members. You must not use the Website to promote your business without authorisation from E-trustee, which may be refused at its discretion. Memberships are not tradeable.
Risk and liabilities - Risk
All transactions and communications between Members are at your risk. You agree that E-trustee has no liability or responsibility for any of its Members who falsely register, or attempt to defraud or otherwise act unlawfully or in breach of these general terms and conditions.
You expressly understand and agree that your use of the Website Service is provided on an ‘as is’ basis and is at your sole risk. E-trustee expressly disclaims and excludes all implied conditions and all warranties in regard to a Member Transaction; the performance of any Contractor, Sub-contractor or Manufacture; the use of the Website Service; that the Website Service will be uninterrupted, timely, secure or error free; or that any information on the Website Service is error free or reliable.
Third Parties responsibility for content of advertisements appearing on the Website by way of links or pointers to third party websites rests solely with those third party websites. You accept full responsibility for use of third party links and pointers. The placement of advertisements on the Website does not constitute E-trustee’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with any such advertisement. - Limited liability
E-trustee is not responsible or liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of or inability to use the Website Service; or the accuracy of any information provided through the Website Service; or any acts or omissions of a Member or a third party; or for any other reason. - Member Transaction
Incomplete E-trustee disclaims any liability if any Member Transaction cannot be completed for any reason including, but not limited to, any act or omission of a Member or third party or arising from or in connection with, the use of the Website Service. E-trustee has the sole discretion to complete any Transaction on behalf of any Member or to refund the Buyer in the event a Member Transaction is not completed. - Cancellation of Member Transaction
E-trustee reserves the right to cancel any Member Transaction within 14 days in the event that both Members have not confirmed the completion of the Member Transaction within 14 days of the estimated finish date. - Indemnity
You agree to release, indemnify and keep E-trustee indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of, or in, connection with your failure to comply with these general terms and conditions, your failure to complete a Member Transaction or from the use or inability to use the Website Service. - No Agency
You accept that no joint venture, partnership, employment or agency exists between you and E-trustee as a result of the use of the Website. You agree not to hold yourself as a representative, agent or employee of E-trustee. - Bank Account Details
You accept that E-trustee has no liability arising from the provision to it of incorrect bank account details, or the rejection of payments by any Bank. - Termination
Without limiting any other rights and remedies available to E-trustee, it may at any time limit your activities on the Website; remove your membership; and warn other Members of your actions; issue a warning to you; suspend or terminate your membership; or refuse to provide the Website Service to you if you breach these general terms and conditions or where E-trustee otherwise considers it appropriate. E-trustee will not enter into any negotiations, discussions or written correspondence with you regarding our decision not to register you, or terminate your membership.
E-trustee also reserves the right to cease providing the Website Service. However E-trustee will give reasonable notice of any termination and ensure that completion of any Member Transactions that have been entered into prior to the giving of such notice, can be achieved. - Service Cost Fee
The Fee is deducted immediately from the Total Cost upon receipt of payment. The Fee is non refundable, regardless of any arrangement between Members. The Fee may be changed from time to time at E-trustee’s absolute discretion. - Our Fees
E-trustee reserves the right to deduct from the Total Costs any other fee, including the reimbursement of actual costs incurred by it arising from circumstances beyond its own control. Our other fees may be changed from time to time at E-trustee’s absolute discretion. - Payment
You undertake not to reverse any Payment. E-trustee will only refund a Payment to the Owner upon the Seller’s authorisation or by operation of law, subject to E-trustee’s right to complete any Transaction. E-trustee does not take responsibility for any delay in, refusal of, or non-receipt of a Payment. - Rejection of Payment
E-trustee is not liable in the event that any third party fails to honour payment to or from our account. - Total Cost
The payment of the Total Cost may be made by cheque or direct credit in New Zealand dollars. Credit card payments will not be accepted. - Interest on Payments in the Standard Trust Account
On receipt of the Total Cost and following deduction of the Fee, E-trustee shall be entitled to place the Payment in on-call deposit through a banking facility established by it for that purpose with a trading bank. E-trustee shall be entitled to retain the interest earned on the Payment and quite irrespective that it is acting as stakeholder for the Members. - Interest on Payments in the Premium Trust Account
The Premium Trust Account administered by the ASB bank does generate interest. Therefore interest is not available to either E-trustee or to Members. - General Terms
Privacy E-trustee may collect personal information about you. You agree that we may use your personal information to facilitate the Website Service and to assist us to provide the Service to you, to improve our Service and enhance the system to meet your needs. We may also use the information to prove your identity for marketing and promotion work and any other use you may authorise. You acknowledge that E-trustee may be required by law to release your personal information. All information that a Member provides via the Website, together with information regarding the manner in which Members use the Website, will not be processed or disclosed except as permitted by these general terms and conditions or by operation of law. Dispute resolution
You agree that E-trustee is not party to any Member Transaction and you agree not to include or involve E-trustee in any dispute or resolution that may occur as a result of the use of the Website or Website Service. Where a dispute is resolved, whether by way of agreement or as a result of adjudication, E-trustee agrees to apply the Payment to the Member who is entitled to it (or to both Members if each is entitled to part of the Payment). - No waiver
Any failure by E-trustee to exercise or enforce any right available under these terms and conditions does not constitute a waiver of those rights. - Law
This agreement is governed by New Zealand Law. - Partial invalidity
In the event that any provision of the general terms and conditions is held to be invalid for any reason, that provision shall be removed and the remaining general terms and conditions shall remain in full force and effect. - Entire agreement
This agreement, as amended from time to time, forms the entire agreement between the parties relating to the subject matter of these general terms and conditions.
Intellectual Property - Rights
All contents of this Website are copyright © 2005 E-trustee Limited. All rights reserved. You must not, without E-trustee’s written consent or permission, in any way copy or sell any information obtained from any part of the Website or market, commercialise, distribute, print, reproduce, copy, store, adapt, display, publish or imitate work from any part of the Website. - Clarity
You may wish to clarify these general terms and conditions from time to time. Please feel free to e-mail info@e-trustee.co.nz, or telephone 0508 ETRUST (0508 38 78 78)
|
|
